GURU AMARJIT SINGH Vs. D.C.W.T.

JUDGEMENT

(1.) This writ is directed against the inaction on the part of the Revenue-Respondent for issuance of refund arising to the AssesseePetitioner; and also to pay interest as per the provisions of Sec. 34 of the Wealth Tax Act, 1957 (for short "the Act") on account of delay in issuance of the refund.

(2.) The facts in brief are as under:- Guru Amarjit Singh is the assessee. He was holder of an impartible estate. The estate was being assessed in the hands of Hindu Undivided Family (for short "HUF"). However, after the filing of the Wealth Tax Return for the Assessment Year (for short "AY"), 1970-71, the Wealth Tax Officer (for short, 'WTO') took the view that value of the estate has to be assessed as individual property and not as HUF property. Whereas, the stand of the assessee had been that the said Estate would be assessable in the hands of the HUF

(3.) It is the case of the assessee that the WTO passed an order under Sec. 24 of the Act on 16/2/1982 and allowed the refund of Wealth Tax, paid in the hands of HUF. It is also the case of the assessee that the petitioner was also entitled to interest and his claim qua grant of interest was allowed by the CWTA vide order dtd. 3/11/1983. The amount of refund on account of interest was determined as Rs.12,67,264.00 on 18/12/1983. The refund was withheld by the Revenue and ultimately the assessee received the refund voucher dtd. 22/7/1992 only for part of the amount i.e. for Rs.5,19,656.00 against the total refund calculated at Rs.12,67,264.00 vide order dtd. 18/12/1983 in ITNS.30. After communications with the Revenue, the refund was not paid, as such present petition was filed by the assessee